Immigration

By Lieselot K. Whitbeck on October 15, 2019

Most frequent business travelers and the teams that support them are familiar with the usual immigration options of visas, visa-free business travel, and work permits. These can be frustrating, time consuming, and not always a good fit for schedules or travel purposes. Thankfully for those headed to Asia, many countries have immigration options that lack the issues of more traditional routes.…

Immigration Blog

New York City Issues New Enforcement Guidance on Discrimination Based on National Origin, Immigrant Status

By Forrest G. Read IV on October 15, 2019

Please see our firm publication on New York City’s enforcement guidance on discrimination based on national origin, immigrant status here. …

The Insightful Immigration Blog

Denial of H-1B Cases: The Occupational Outlook Handbook is Not the Holy Grail

By Cyrus Mehta on October 15, 2019

By Cyrus D. Mehta and Gianna Boccanfuso• The USCIS continues to strictly scrutinize H-1B petitions. According to an NFAP report, denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 33% through the second quarter of FY 2019 for new H-1B petitions for initial employment. In recent times, seeking review of an H-1B denial in federal district court has led to successful outcomes such as in Relx v. Baran…

The Asylumist

An Interview with MaryBeth Keller, Former Chief Immigration Judge of the United States

By Jason Dzubow on October 15, 2019

MaryBeth Keller was the Chief Immigration Judge of the United States from September 2016 until July 2019. She was the first woman to hold that position. The Asylumist sat down with her to discuss her career, her tenure as CIJ, and her hope for the future of the Immigration Courts. Asylumist: Tell us about your career. How did you get to be the Chief Immigration Judge of the United States? Judge Keller: I was appointed…

BIG Immigration Law Blog

EB-5 Securities Law Disclosure Obligations and Possible Marketing Opportunities In the Wake of the Recent Modernization Rule

By Seyfarth Shaw LLP on October 14, 2019

By David Warburg and Mark Katzoff Seyfarth Synopsis: This article discusses the impact of the newly adopted EB-5 regulations on the disclosure obligations of ongoing EB-5 offerings. The obligation to make full and fair disclosure under the US federal securities laws is most often viewed by many, if not most sponsors who are seeking EB-5 capital as a legal and regulatory burden – sometimes almost as a necessary evil. Moreover, many also assume that a…

Immigration Blog

Federal Judge Enjoins DHS’s Public Charge Rule and Required Use of Related Forms

By Forrest G. Read IV on October 11, 2019

U.S. District Court Judge George S. Daniels of the Southern District of New York enjoined the Trump Administration’s new Public Charge Rule scheduled to go into effect on October 15, 2019. The new Rule has been the subject of much controversy and would have made it more difficult for foreign nationals to obtain green cards or even secure or extend temporary non-immigrant visa status. In State of New York et al. v. U.S. Department of Homeland…

Immigration Blog

U.S. Immigration and the Growing Marijuana Industry

By Amy L. Peck on October 11, 2019

Although not legal on the federal level, the marijuana industry is a fast-growing economic sector in the U.S. Thirty-three states have legalized medical marijuana and 10 of those have legalized recreational use. Based on online job search websites, there are about 200,000 to 300,000 marijuana-related jobs available (many on the lower-paid agricultural-side). As the industry grows, the need for more high-skilled workers, such as chemists, is likely to grow. Canada legalized marijuana in 2018 and…

Inside Business Immigration

Reminder of the Automatic EAD Extension for Certain TPS Beneficiaries

By Sarah E. Amendola on October 11, 2019

E-Verify released a reminder on Sept. 27, 2019, that certain employment authorization documents (EADs) issued by United States Citizenship and Immigration Services (USCIS) to Temporary Protected Status (TPS) beneficiaries from Sudan, Nicaragua, Haiti, and El Salvador are automatically extended through Jan. 2, 2020. We reported the Department of Homeland Security’s (DHS) notice of their action to extend the TPS designation for these individuals earlier this year (See Temporary Protected Status Extended for Sudan, El Salvador, Haiti, and Nicaragua…

Business Immigration Insights

Lots of Smoke, No Fire – The Debate Continues Around the Elimination of the Per-Country Limit for Employment-Based Green Cards

By Helena Wasey Abebe on October 10, 2019

On September 19, 2019, Congress tried and failed to eliminate the per-country limit for employment-based green cards. This latest effort, a bill known as the Fairness for High-Skilled Immigrants Act of 2019 (HR 1044) easily passed in the House 365-65, but stalled in the Senate where it has been blocked by Senator David Perdue (R-GA) who has placed a hold on the bill preventing a vote. While there is consensus that the current…

Inside Business Immigration

President Trump Issues Proclamation Suspending Entry of Immigrants Who May Burden the U.S. Healthcare System

By Kristen W. Ng on October 9, 2019

On Oct. 4, 2019, President Trump issued a Proclamation, that will be effective on Nov. 3, 2019, suspending the entry of immigrants who will financially burden the United States healthcare system. The reasoning behind the issuance of this Proclamation is to not burden American taxpayers with immigrants who utilize the U.S. healthcare system without payment and who allegedly contribute to overcrowding of emergency rooms and hospitals. The Proclamation includes a reference to data that shows…